GH MOHD BHAT (GH AHMAD BHAT) Vs. STATE

JUDGEMENT

(1.) SUBJECT Ghulam Ahmad Bhat while on way to Delhi with his mother was arrested at Srinagar Airport on 27.12.2001. While being so held, District Magistrate Srinagar Respondent No.2 detained him under Section 8 of the Jammu and Kashmir Public Safety Act, with a view to prevent him from acting in any manner prejudicial to the maintenance of the security of the State, under his order No: DMS/PSA/1902 -05 dated:02.01.2002.Pursuant to the order he was taken into preventive detention on 14.01.2002. This order and consequent detention is under challenge in this petition.

(2.) THE Learned Counsel for the petitioner submits that the detenue was not informed of his right to make effective representation and thereby his right of representation under Article 22(5) and under Section 13 of the J&K Public Safety Act is violated. The detenue was not also supplied the detention order and the grounds therefor. He was not even provided the material referred in the grounds of detention. The grounds of detention are vague and non existent and order suffers from non -application of mind.

(3.) THE Government Advocate in reply submits that the detenue was informed of his right of representation, against detention. He was also informed that he can appear before the Board constituted under the Jammu & Kashmir Public Safety Act. He was supplied the order with grounds. As only the grounds were relied upon, therefore, no material was supplied. He appeared before the Board. He even executed the receipts, in token of receipt of the grounds as also the letter informing him of his right to make representation to the Government. The grounds are stated to be true, unambiguous and relevant. The order is stated to have been passed on due application of mind.